The
Information Commissioner's Office (ICO) has upheld a decision by
the BBC to keep details on TV detection devices private.
The ICO agreed with the BBC that disclosing the information
could assist people who wish to avoid paying the licence fee.
In 1991, the BBC became the statutory authority for the
television licensing regime. As part of its enforcement activity to
ensure people pay their licence fee, the BBC relies on a number of
deterrents.
Television detection equipment is used to provide final
confirmation of suspected TV licence evaders. A complainant under
the Freedom of Information Act requested information from the BBC
relating to the number of TV detection devices, how often they are
deployed and their technical specification.
The Assistant Information Commissioner Anne Jones considered the
BBC's argument that it relies on the threat that vans could be used
at any time to catch evaders.
This "understanding is maintained", it said, by ensuring that
the number of detector vans in operation and the location of their
deployment is not common knowledge.
The BBC said that releasing the information "would damage the
public's perception of the effectiveness of TV detection vans". The
Assistant Information Commissioner agreed with the BBC, that if the
deterrent effect were lost, some people would not pay their licence
fee.
The BBC also maintained that details of the technical equipment
used in the vans must not be revealed, because it would allow
people to analyse them and find weaknesses to evade detection.
The Assistant Information Commissioner went on to consider the
public interest in disclosing the requested information. In her
view, not releasing the information was in the public interest for
legitimate licence fee payers.
This was because it helps the BBC keep the cost of enforcement
activities to a minimum, allowing money received from TV licensing
to be spent on programming.
She concluded that the public interest in maintaining the
exemption outweighs the public interest in disclosure, and that no
further action is required by the BBC.